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R-06-06-08-10B2 - 6/8/2006RESOLUTION NO. R -06-06-08-10B2 WHEREAS, the City of Round Rock has previously entered into an Advance Funding Agreement ("Agreement") with the Texas Department of Transportation ("TxDOT") for the relocation of utilities on US 79 from east of FM 1460 to west of FM 1460 more specifically described as from C.R. 195 to 1500' west of FM 1460 project ("Project"), and WHEREAS, by Resolution No. R -02-07-25-14F5, the City Council approved the Agreement, and WHEREAS, by Resolution No. R -05-08-30-5A1, the City Council approved Amendment No. 1 to the Agreement, and WHEREAS, the City Council desires to enter into Amendment No. 2 to the Agreement with TxDOT for the relocation of utilities, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS , That the Mayor is hereby authorized and directed to execute on behalf of the City Advance Funding Agreement Amendment No. 2 with TxDOT, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of June, 2006. 4PFDesktop\-:ODMA/WORLDOX/O:/WDOX/R.ESOLUTI/R60608B2.WPD/rmc R L Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Sec tary 2 STATE OF TEXAS § COUNTY OF TRAVIS § a B EXHIBIT nAn CSJ #0204-01-049 District #14 - Austin Code Chart 64 #36750 US 79: FM 1460 to CR 195 ADVANCE FUNDING AGREEMENT AMENDMENT # 2 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Round Rock, acting by and through its duly authorized officials, hereinafter called the Local Government. ORIGIVI WITNESSETH WHEREAS, the State and the Local Government executed a contract on February 15, 2004 and amended September 15, 2005, to effectuate their agreement to construct the widening of a 4 -lane undivided roadway to a 4 -lane divided facility on US 79 from FM 1460 to CR 195; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items Article 7 of Attachment A is void in its entirety and replaced with the following: The Local Government will provide for all preliminary engineering, environmental studies and right of way, including right of way for environmental mitigation in construction of the widening of a 2 -lane undivided roadway to a 4 -lane divided facility on US 79 from FM 1460 to CR 195. The Local Government will participate in the applicable costs associated with utility relocation, roadway, bridge, construction engineering and inspection. The Local Government's estimated participation of this work is $2,723,137.00. The State has estimated the project to be as follows: Description Total Estimate Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Construction of Roadway Items $7,497,791 80% $5,998,233 0% $0.00 20% $1,499,558 Roadway Items Construction Inspection & Engineering (16.7% ) $1,252,131 80% $1,001,705 20% $250,426 0% $0 Construction of Bridge Items $1,073,361 0% $0.00 0%° $0.00 100% $1,073,361 Bridge Items Construction Inspection & Engineering (16.7% ) $179,251 80% $143,401 0% $0 20% $35,850 Waterline Betterment (1.5% of waterline adjustment = $911,112) $13,667 0% $0 0% $0 100% $13,667 Waterline Adjustment less Betterment = Eligible for Reimbursement ($897,445 x 78.78%) $707,007 80% $565,606° /o 10 $70,701 10% $70,700 Remaining Utility Adjustments (Reimbursable) $300,000 80% $240,000 10% $30,000 ° 10 /o $30,000 Subtotal $11 023,208 ` $7,948,944 '� x$351 127 ; � ,72 37 * AFA—AFA Amend Page 1 of 2 Revised 11/09/05 nmen s actual partiapation is 200 of the Local Government's Participation Costs and the remaining 80% will be paid for with Federal Earmark funds up to the maximum reimbursable amount of $1,600,000 as provided by the SAFETEA-LU program. The Local Government will be responsible for any non-federal participation costs associated with the Project. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. The State will not pay interest on any funds provided by the Local Government. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT By: Name of Local Government Signature Printed Name Title Date AFA—AFA Amend THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Name Title Date Page 2 of 2 Revised 11/09/05 Description Total Estimate Cost Federal Participation State Participation Local Participation Direct State Costs (including plan review, inspection and oversight) $110,232 0% $0 100% $110,232 o 0 /o $p Indirect State Costs (no local participation required except for service projects) $0 0% $0.0 0% $0 0% $0 TOTAL `The Local Gover t' $11,133,440 ° $7,948,944 $461,359 $2,723,137* nmen s actual partiapation is 200 of the Local Government's Participation Costs and the remaining 80% will be paid for with Federal Earmark funds up to the maximum reimbursable amount of $1,600,000 as provided by the SAFETEA-LU program. The Local Government will be responsible for any non-federal participation costs associated with the Project. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. The State will not pay interest on any funds provided by the Local Government. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT By: Name of Local Government Signature Printed Name Title Date AFA—AFA Amend THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Name Title Date Page 2 of 2 Revised 11/09/05 ! -1-`1 1 1 -.4 1 DATE: June 1, 2006 SUBJECT: City Council Meeting - June 8, 2006 ITEM: 10.B.2. Consider a resolution authorizing the Mayor to execute Amendment No. 2 to the Advance Funding Agreement with the Texas Department of Transportation for widening US 79 from west of FM 1460 to County Road 195 (Gap Project). Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director Justification: Based on the construction contract awarded to Joe Bland Construction, L.P., the Texas Department of Transportation has revised the payment provisions of the Advance funding Agreement from $1,371,200 to $2,723,137. Funding: Cost: $1,351,937 Source of funds: 4B -RR Transportation Development Corp. Outside Resources: TxDOT Background Information: The level of City participation remains unchanged at 20% for construction of roadway items, 100% for construction of bridge items, 20% for bridge items construction inspection and engineering, 100% for water line betterment, 10% for water line non -betterment and 10% for remaining City utility adjustments. On August 30, 2005, City Council approved resolution R -05-08-30-5A1 for the Mayor to execute Amendment No. 1 to the Advance Funding Agreement with TxDOT to widen US 79. The amendment specified manuals, standards and timing for utility plans, specifications and estimates. On October 25, 2001, City Council approved resolution R -01-10-25-9F3 for the Mayor to execute an Advance Funding Agreement with TxDOT to widen US 79. The project includes widening the roadway from a 4 -lane undivided section to a 4 -lane divided section with bridges for the future Arterial "A" grade separation and left turn lanes for A.W. Grimes Boulevard. Public Comment: N/A FXFCUTED DOCUMENT FOLLOWS STATE OF TEXAS § COUNTY OF TRAVIS § T. X. D.O.T. Received AU5 2 1 2006 District 14 - Mail Room Austin, TX CSJ #0204-01-049 District #14 - Austin Code Chart 64 #36750 US 79: FM 1460 to CR 195 ADVANCE FUNDING AGREEMENT AMENDMENT # 2 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Round Rock, acting by and through its duly authorized officials, hereinafter called the Local Government. p(p WITNESSETHel 9' /� WHEREAS, the State and the Local Government executed a contract on February 15, 2001and amended September 15, 2005, to effectuate their agreement to construct the widening of a 4 -lane undivided roadway to a 4 -lane divided facility on US 79 from FM 1460 to CR 195; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items Article 7 of Attachment A is void in its entirety and replaced with the following: The Local Government will provide for all preliminary engineering, environmental studies and right of way, including right of way for environmental mitigation in construction of the widening of a 2 -lane undivided roadway to a 4 -lane divided facility on US 79 from FM 1460 to CR 195. The Local Government will participate in the applicable costs associated with utility relocation, roadway, bridge, construction engineering and inspection. The Local Government's estimated participation of this work is $2,723,137.00. The State has estimated the project to be as follows: Description Total Estimate Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Construction of Roadway Items $7,497,791 80% $5,998,233 0% $0.00 20% $1,499,558 Roadway Items Construction Inspection & Engineering (16.7% ) $1,252,131 80% $1,001,705 20% $250,426 0% $0 Construction of Bridge Items $1,073,361 0%° $0.00 0% $0.00 100% $1,073,361 Bridge Items Construction Inspection & Engineering (16.7% ) $179,251 80% $143,401 0% $0 20% ° $35,850 Waterline Betterment (1.5% of waterline adjustment = $911,112) $13,667 0% $0 0% $0 100% $13,667 Waterline Adjustment less Betterment = Eligible for Reimbursement ($897,445 x 78.78%) $707,007 80% $565,606 10% $70,701 10% $70,700 Remaining Utility Adjustments (Reimbursable) $300,000 80% $240,000 10% $30,000 10% $30,000 Subtotal $11,023,208 $7,948,,944- $351,127 $2,723,137* R-04,-0(.-O3-t062U AFA-AFA_Amend Page 1 of 2 Revised 11/09/05 Description Total Estimate Cost Federal Participation State Participation Local Participation Direct State Costs (including plan review, inspection and oversight) $110,232 0% $0 100% $110,232 0% $0 Indirect State Costs (no local participation required except for service projects) $0 0% $0.0 0% $0 0% $0 TOTAL $11,133,440 $7,948,944 $461,359 $2,723,137* *The Local Government's actual participation is 20% of the Local Government's Participation Costs and the remaining 80% will be paid for with Federal Earmark funds up to the maximum reimbursable amount of $1,600,000 as provided by the SAFETEA-LU program. The Local Government will be responsible for any non-federal participation costs associated with the Project. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State Project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. The State will not pay interest on any funds provided by the Local Government. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT CAT of kouN e • -' _ ent By: nature my L6 mA-xue1 Printed Name mi4yoie.) Title Oto -08-OLD Date AFA—AFA_Amend THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. AI - Janice Mullenix Director of Contract Services Office of General Counsel I Itllr �d©6 I Date Page 2 of 2 Revised 11/09/05